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DAVOU DUNG INYAM & ORS v. AHMADU EXCHIGAK & ORS

(2017) JELR 37483 (CA)

Court of Appeal  •  CA/J/161/2016  •  13 Jun 2017  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

ADAMU JAURO, JCA (Delivering the Leading Judgment): This case is in respect of a dispute over a parcel of land lying, being and situate at Behwol, behind Central Bank of Nigeria Staff Quarters off Zaria Road in Jos North Local Government Area of Plateau State. The Appellants claimed for a declaration of entitlement to a right of occupancy, damages for trespass and for an order of perpetual injunction to restrain trespass and the Respondents counterclaimed declaration of title, possession and damages for trespass. There was no dispute between the parties on the identity of the land in dispute and the records of appeal shows that the lower Court did visit the locus in quo in the course of trial. The task before the lower Court in this matter therefore was to determine who between the Respondent and the Appellants led better evidence on the ownership of the land in dispute - Arase v. Arase (1981) 5 SC 33 at 35 and Davies v. Ajibona (1994) 5 NWLR (Pt. 343) 234 at 258F, Nteogwuija v. Ikuru…

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